An insider's view of what is really happening in the Harris County Criminal Courts

Tuesday, May 4, 2010

Father's Day

Did they run to him with open arms?

He was their father, after all. The man who gave them life.

Did they feel safe enough around him that they felt no need to let their mother know they were going with him?

He was their father, after all. The man who should love them with all his heart.

Did they feel they were safe in his arms?

He was their father, after all. The man who should do everything in his power to protect them.

Did they think twice about leaving with him?

He was their father, after all. And it was Father's Day. The day where we celebrate all those wonderful qualities of a father, and thank him for encouraging, loving, and protecting us as we grow into adulthood.

But on Father's Day of 2008, whatever feelings of safety, attachment, and love that 7-year-old Randy Sylvester, Jr. and his 3-year-old sister, Denim Sylvester, felt for their father, Randy Terrell Sylvester, it is now most assuredly safe to say that those feelings were very much misplaced.

On Father's Day of 2008, when Randy, Jr. and Denim ran to their father's arm, they ran to the arms of a monster who would betray them.

Murder them.

Desecrate their bodies.

They were kidnapped from their mother's apartment complex, and a community joined together to search for them.

But the search was futile. Randy Terrell Sylvester had already murdered his own children and burned their bodies to the point that the Medical Examiner's Office could only determine that they had been murdered -- but couldn't tell anyone how specifically.

What went through their minds when they realized what he was doing?

Confusion? Sadness? Terror?

My mind leads me away from even thinking about what the last moments of their short lives were like.

As Sylvester lied to the police and said drug dealers kidnapped and murdered his children, he ultimately admitted to community activist Quanell X that he had done the killings himself.

And by admitting that, he showed us all that he was a monster.

He was charged with Capital Murder under the Old Administration, and in reality, he could have been tried for that four times over: -murder in the course of committing the kidnapping of Randy Sylvester, Jr. -murder in the course of committing the kidnapping of Denim Sylvester. -murder of Denim Sylvester, a child under six years of age. -the murder of two individuals, Randy Sylvester, Jr. and Denim Sylvester in the same occurrence.If the standard for whether or not a District Attorney's Office should seek death is whether or not the crime they have committed "shocked the conscience", then surely there would be no better candidate for lethal injection than a monster such as Randy Sylvester.

A crime that united a community in horror and outrage deserved nothing less than the ultimate punishment, wouldn't you agree?

Certainly, those of us who follow death penalty cases felt that Mr. Sylvester was absolutely a sure-fire lock for receiving lethal injection. Twelve reasonable minds could never disagree on such a certainty, could they?

We'll never know.

Today, the Pat Lykos Administration allowed the murderer of 7-year-old Randy Sylvester, Jr. and his 3-year-old sister, Denim, to plead to life in prison.

A monster's life was spared.

Why?

I'm at a complete loss to even begin to think of reasons why Pat Lykos thought it was a life-worthy case.

How do you ever seek the death penalty again in Harris County with any credibility after a decision like that? Was it because the children were black? Was it because Sylvester claimed he was insane? Were you just scared of losing a big case?

The Lykos Administration has violated the Public's Trust with this decision.

It's a dereliction of duty that proves that Pat Lykos and anyone else involved with encouraging the decision to not seek the death penalty on Sylvester have absolutely no business calling themselves prosecutors.

As you go to sleep tonight, say a prayer for Denim and Randy Sylvester, Jr.

Hug your children if you have them.

Tell them they are safe and you'll never let anyone hurt them.

If you are of the forgiving mind, say a prayer for the soul of Randy Sylvester, Sr.

If this doesn't draw a primary opponent for Lykos, I don't know what will. ALL of her policies are far more democrat than republican in nature, including her well known reluctance to see the death penalty in cases where it is appropriate. If we are going to have a death penalty, then this is the poster child for it.

Republicans, you elected her. Now, please name one policy she has instituted that has benefited the citizens of Harris County who don't commit crime. It is well known around the office that Lykos is horrified of making a death penalty decision. She, like most bullies, talks a loud game, but is in fact a coward at heart. I would LOVE to hear her explain this away.

If any precinct chairs are reading this blog, then start drumming up support for a prosecutor to overthrow this politician.

God bless those poor boys. I don't know how anyone can do what this monster did. But he should have faced the ultimate punishment instead of being spared by a politician too scared to do the right thing.

Yes, he was deemed incompetent for a while and was committed until he regained competency. It's pretty damned hard to be determined incompetent in Harris County. And yet he was. And he was still willing to plea to life and waive his right to appeal, which the tax payers would have paid for. Heinous? Absolutely. But were there issues? Yes. Sadly, legal issues don't always let us present the facts as we know them to a jury as we would like.

I know this is off the subject, but I am concerned with all the Family Violence Assault cases being dismissed. In the past administration, witnesses that were reluctant to take the stand would either have their statements or audio recording (911 call) played in court. Now we have some courts simply dismissing the cases allowing the beatings to continue. Murray, what can be said for this new path the D.A.’s Office has taken?

I oppose the death penalty, but if you are going to have a death penalty then this seem a model case to apply it too.

However...

Taking "protecting the public" as the primary concern here, it seems reasonable that elimiating the risk of a not guilty verdict (however unlikely) through a plea was worth whatever is lost between an execution and a life sentance.

The Republican blue hairs, much like the old woman in Joyce's Ulysses, were aroused to ectasy by Lykos. Now, however, much like Dorothy in the Land of Oz, they should have likewise discovered that their Wizard is in fact a phony. Perhaps it is now time for them to discard their handkerchiefs.

As evidenced by this gross miscarriage of justice; Pat Lykos has zero qualifications to hold the position of District Attorney.

"Lykos logic" in not seeking death under these circumstances is incomprehensible.It seems, according to Lykos, that only an "insane incompetent" person would take the INNOCENT life of others to satisfy selfish and/or emotional needs; and as such the death penalty is rendered moot in Harris County.

Pat remninds me of the ACLU groups that support killing unborn babies while protecting the lives of cold blooded killers; not what the hard core Republican women's groups bargained for I suspect?

Political Pat is more concerned with pandering to the liberal media than in performing her JOB. Maybe it's because that's all she really knows how to do.

It is becoming more clear each day that the "Rule of Law" is meaningless to "Lose at all Costs Lykos" and her band of cowards.What a disgrace!

I guess a better option would be to have a guy who has already been ruled incompetent to stand trial found not guilty by reason of insanity and get committed. As much as I don't like Lykos, I think the prosecutors made the right call in this case. If you'll remember Murray, the last time someone was tried in this county for capital murder involving their own children, things didn't turn out too good. And that was under the previous administration, just in case you forgot.

Comparing Andrea Yates to Sylvester is like apples and oranges. Sylvester told Quanell at the scene of the bodies' recovery that he was going to "fake crazy" to get out of trouble. He lied to the cops and told them drug dealers had kidnapped the children.

If the Lykos had bothered to try to do her job, a prosecutor could very easily of rebutted the insanity defense.

Give me a break.

Equating EVIL with CRAZY just because a crime is so incomprehensibly horrifying is not how the law works.

Anon 12:17:Would it be fair to say that if I tortured and killed and your entire bloodline and laughed like a fool when apprehended that death should be summarily taken off the table and Lykos commended for her savvy legal maneuvering?I mean I must be insane and incompetent to act in such an evil fashion, right?Just sayin'.

Hey 10:42 Lykos never met a Jihadist she didn't want to coddle. The poor fellas are just soooo misunderstood don't ya know!Pleeeese! She's a laughing stock. The Chronicle is no doubt amused and pleased with their pet DA.

I am pro-death penalty, but agree with Lykos on this one. Especially if the remaining family members were OK with it, but even if not. Life in prison is no picnic, and it's cheaper than trying a death penalty case just for the 'privilege' of putting him to death. This is the right decision, even if for the wrong reasons, but really no matter the reason.

I realize this will be seen as "anti-death penalty" or as "agreeing with what the defendant did," or as putting a price on justice, but none of that is the case. But as a society if we can remove someone from the streets without spending the resources and time necessary just to put him to death, we should do that. I don't want to kill someone just because we can. I want to keep the public safe, and if it can be done faster and cheaper than a protracted DP trial, appeals, and execution, so be it.

Rage:WWJD?Well for damn sure He wouldn't ask your buddy Chucky.This turd's soul will belong to Jesus Christ if he truly repents and asks for forgiveness but his mortal ass has an unpaid debt to society which needs to be satisfied in an earthly fashion.I agree it costs way too much to carry out an execution today. But the remedy is to streamline the system and more efficiently fulfill the juries verdict--not abandon appropriate consequences for horrific behavior because of political correctness gone crazy.Even the third world hellhole of Iraq took care of their Hussein's death sentence in a timely and cost effective manner....the simple mousetrap works well.Just Sayin'

Really, people posting here are advocating the politiziation of the death penalty? This is the type of rhetoric that will sink the cause you wish to support. You are as foolish as you are dumb. Also, I might add you are playing into the hands of Pat Lykos. You are very ignorantly making her arguiment for her.

This turd's soul will belong to Jesus Christ if he truly repents and asks for forgiveness but his mortal ass has an unpaid debt to society which needs to be satisfied in an earthly fashion.

I could care less if he repents. My point was that many "Christians" can't wait to put somebody to death, when Jesus would have done exactly the opposite. The Moral Majority ain't that moral, and thank god they ain't the majority, either.

I agree it costs way too much to carry out an execution today. But the remedy is to streamline the system and more efficiently fulfill the juries verdict--not abandon appropriate consequences for horrific behavior because of political correctness gone crazy.

With the errors in convictions that are more and more apparent, you want to make it easier to execute people? You're kidding, right?

Even the third world hellhole of Iraq took care of their Hussein's death sentence in a timely and cost effective manner....the simple mousetrap works well.

You think Iraq has a model justice system and you want to be like them? The US is the only first world nation that still has the death penalty. Many other countries that do are countries like Iran, Afghanistan, China, North Korea... That's some fine company we're keeping. And again, I'm for the death penalty, but not for short cutting things.

Rage,Your lack of spiritual faith explains a lot about your insecurity,anger and bravado.You remind me of a little Bill Maher but without the notoriety.Life is more than the one dimensional block of bitter concrete you dwell in.Just sayin'

RAGEBOY:"With the errors in convictions that are more and more apparent, you want to make it easier to execute people? You're kidding, right?"

Answer:Executions are nothing to kid about.An executed defendant who is factually and Constitutionally guilty, albeit "innocent" by the politically correct bastardization of facts and Constitutional intent, is not worthy of tears.Who's kidding who?

RAGEBOY:"You have the same conviction as an agnostic.Skip Coronado

As an Athiest (sic.), I find that interesting."

THE POINT:Rageboy's belief in the death penalty so long as it is too costly and arduos to carry out is eerily similar to the agnostic's stance on the existence of God....they're both cop outs.Abstract thought is a difficult concept for some(anon 10:05)Just Sayin'

Your lack of spiritual faith explains a lot about your insecurity,anger and bravado.

Not insecure or angry at all at all. In fact, all I have to do is come in here and say anything, no matter how well reasoned, and you guys go apeshit just because it's me that says it. I remember when I had to actually try to get you clowns upset. Now all I have to do is type my name.

My lack of faith has nothing to do with anything here, either. In fact, because I'm not wanting to kill someone for killin's sake, I'd say I'm more moral than you.

You remind me of a little Bill Maher but without the notoriety.Life is more than the one dimensional block of bitter concrete you dwell in.

Not sure why you think I'm bitter, when you and your pals are the ones spouting the vitriol.

Maybe you want to look up the meaning of a word before you use it?

An executed defendant who is factually and Constitutionally guilty, albeit "innocent" by the politically correct bastardization of facts and Constitutional intent, is not worthy of tears.Who's kidding who?

Why do you think political correctness has anything to do with this, and why do you consider the state's burden of proof and the presumption of innocence to be a bastardization of the Constitution? And if they are factually (I assume you mean actually) guilty, then how can any amount of PC find them to be innocent? You're mixing up the pre-trial presumption and BOP with post-trial issues such as actual innocence or guilt. But hey, these are tough concepts, and just because you're an ADA doesn't mean you should know what the hell you're talking about, right? At no point did I ever say that nobody should be put to death, or that actually guilty people should be spared and aren't really guilty.

Rageboy's belief in the death penalty so long as it is too costly and arduos (sic) to carry out is eerily similar to the agnostic's stance on the existence of God....they're both cop outs.

You misunderstand my stance completely. I am for the death penalty. In this case, where the Defendant has pled guilty, it is too expensive to try him just for the sole purpose of putting him to death. If he had not pled guilty, and you;'d have to try him anyway, y all means go for the death penalty.

As usual, it's not surprising to me that the comprehension of some of you goons is lacking. If you need further clarification of my stance on the death penalty just ask. I prefer you do that instead of continuing to make false statements about my stance, despite having clearly set it out above.

And I'm not wishy-washy like an agnostic. I'm certain there is no god. That makes me a much more rational person than you can ever hope to be. But I'd hate for you to take down all of your posters with Jesus riding on dinosaurs, so I understand you clinging to an ancient and mixed bag of beliefs strung together throughout the centuries from information limited and controlled by governments and churches more interested in controlling populations than the truth.

If Lykos couldn't get the death penalty for a man who executed a police officer, what makes any of you think she could get it for this guy? No doubt he too had a horrific childhood, had been found incompetent once, and had more issues than the man that murdered Rodney Johnson. A plea did save money, and the family did not want a trial. Its over now, move on. Don't worry, Lykos has plenty of stupid left in her, it won't be long until she does something else you find outrageous. It must be tiring to be so indignant all the time.

For those that think "life in prison" means anything I have three simple words for you:

Kenneth Allen McDuff.

Just remember, this is the same legislature that routinely deliberates about such things as succession from the union ... so if y'all are comfortable that they won't ever change the law to allow "life w/o" offenders to seek parole then I have a bridge to nowhere to sell you.

I do agree that If this guy doesn't get the DP in Harris County then I don't think I can possibly understand who could. How can Judge Pat authorize DP on another case with a straight face after this?

Murray, you are completely right. He needs to be given the needle. However, having interviewed a number of death row inmates, as well as dozens of regular inmates, I have learned something about TDCJ. There are fates worse than death, and doing life in a TDCJ unit might be worse. Every time I visit a Texas prison unit, I tell myself never to commit a felony in Texas. Imagine doing a true life sentence. You would give up all hope and that may be a worse fate than death.

About Me

I practice criminal law and criminal law only. I've been involved in the criminal justice system since I was in college, and I've been practicing in Houston for over 18 years.
Most people never have to come down to the Harris County Criminal Justice Center unless they have jury duty. This blog is meant to give the Outsider an inside view.
These are just my opinions. The opinions of the Commenters are also just their opinions and I don't endorse them. But (within reason), I want everybody to be able to have a forum to say what they want to say.